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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-01-16 and last amended on 2019-12-18. Previous Versions

PART XIIIAttempts — Conspiracies — Accessories (continued)

Marginal note:Participation in activities of criminal organization

  •  (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

    • (a) the criminal organization actually facilitated or committed an indictable offence;

    • (b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;

    • (c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or

    • (d) the accused knew the identity of any of the persons who constitute the criminal organization.

  • Marginal note:Factors

    (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused

    • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;

    • (b) frequently associates with any of the persons who constitute the criminal organization;

    • (c) receives any benefit from the criminal organization; or

    • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

  • 2001, c. 32, s. 27
  • 2019, c. 25, s. 184

Marginal note:Recruitment of members by a criminal organization

 Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this Act or any other Act of Parliament, recruits, solicits, encourages, coerces or invites a person to join the criminal organization, is guilty of an indictable offence and liable,

  • (a) in the case where the person recruited, solicited, encouraged or invited is under 18 years of age, to imprisonment for a term not exceeding five years, and to a minimum punishment of imprisonment for a term of six months; and

  • (b) in any other case, to imprisonment for a term not exceeding five years.

  • 2014, c. 17, s. 9

Marginal note:Commission of offence for criminal organization

  •  (1) Every person who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.

  • 2001, c. 32, s. 27

Marginal note:Instructing commission of offence for criminal organization

  •  (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

    • (a) an offence other than the offence under subsection (1) was actually committed;

    • (b) the accused instructed a particular person to commit an offence; or

    • (c) the accused knew the identity of all of the persons who constitute the criminal organization.

  • 2001, c. 32, s. 27

Marginal note:Sentences to be served consecutively

 A sentence imposed on a person for an offence under section 467.11, 467.111, 467.12 or 467.13 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

  • 2001, c. 32, s. 27
  • 2014, c. 17, s. 10

 [Repealed, 2019, c. 25, s. 185]

PART XIVJurisdiction

General

Marginal note:Superior court of criminal jurisdiction

 Every superior court of criminal jurisdiction has jurisdiction to try any indictable offence.

  • R.S., c. C-34, s. 426

Marginal note:Court of criminal jurisdiction

 Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than

  • (a) an offence under any of the following sections:

    • (i) section 47 (treason),

    • (ii) [Repealed, 2018, c. 29, s. 61]

    • (iii) section 51 (intimidating Parliament or a legislature),

    • (iv) section 53 (inciting to mutiny),

    • (v) section 61 (seditious offences),

    • (vi) section 74 (piracy),

    • (vii) section 75 (piratical acts), or

    • (viii) section 235 (murder);

  • Marginal note:Accessories

    (b) the offence of being an accessory after the fact to high treason or treason or murder;

  • (c) an offence under section 119 (bribery) by the holder of a judicial office;

  • Marginal note:Crimes against humanity

    (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

  • Marginal note:Attempts

    (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or

  • Marginal note:Conspiracy

    (e) the offence of conspiring to commit any offence mentioned in paragraph (a).

  • R.S., 1985, c. C-46, s. 469
  • R.S., 1985, c. 27 (1st Supp.), s. 62
  • 2000, c. 24, s. 44
  • 2018, c. 29, s. 61

Marginal note:Jurisdiction over person

 Subject to this Act, every superior court of criminal jurisdiction and every court of criminal jurisdiction that has power to try an indictable offence is competent to try an accused for that offence

  • (a) if the accused is found, is arrested or is in custody within the territorial jurisdiction of the court; or

  • (b) if the accused has been ordered to be tried by

    • (i) that court, or

    • (ii) any other court, the jurisdiction of which has by lawful authority been transferred to that court.

  • R.S., 1985, c. C-46, s. 470
  • R.S., 1985, c. 27 (1st Supp.), s. 101

Marginal note:Trial by jury compulsory

 Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury.

  • R.S., c. C-34, s. 429
 
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